Terms & Conditions of Sale

    In these conditions
    ”Company” means MegaVision Ltd trading as Poly Palace.
    ”Buyer” means the party purchasing or intending to purchase the goods or services from the Company.
    These conditions shall apply to any quotations for sale of goods by the Company to the Buyer.  No variation to these conditions stipulated by the Buyer shall be binding unless accepted by the Company in writing.  By dealing with the Company following receipt of these conditions the Buyer confirms that the conditions apply to all contracts with the Company whether or not expressly set out at the time a quotation is given, an order received or a contract entered into.
    Quotations are open for acceptance for one (1) month from date of quotation unless otherwise nominated within the quotation.  A quotation is given expressly subject to the conditions stated in it and on acceptance of the quotation those conditions will be binding on the Buyer.  There can be no acceptance without those conditions applying.
    Cancellation of an order will only be accepted if advised to the company in writing.  Any costs incurred by the Company as a result of cancellation will be the responsibility of the Buyer.
    Variations of an order will only be accepted if advised to the Company in writing.  Any additional costs incurred as a result of the variation will be the responsibility of the Buyer.
    Where possible contract dates will be met.  No responsibility will be accepted by the Company for the non-performance of a material supplier when every effort has been made by the Company to procure materials to meet delivery dates.
  7. PRICES:
    Unless otherwise stated quotations are based on current ruling costs of labour and overheads and on latest quotations available from suppliers and subcontractors.  Any increase in costs occurring after the date of expiry of the quotation are to be met by the Buyer. Unless otherwise stated prices include GST.
    The following warranty conditions apply to products and services provided by the Company.  The Company undertakes to carry out the work in accordance with the terms of the contract in a proper workmanlike manner with the materials as specified.  Responsibility will not be accepted by the company for any defects unless a written complaint is first addressed to the Company and the Company has been given priority to rectify the defect.  The Company will not be held responsible for any work carried out by other contractors.  Provided terms of payment are complied with the Company will undertake to remedy any original defects arising from faulty workmanship or materials in any goods manufactured by it and used under reasonable and normal conditions without abuse for the period specified in the contract.  Provided always that the Company will not be liable for any damage or failure of material or item function caused by circumstances attributable to:
    a. Faulty construction of any part of the building, material or item for which the Company was not responsible.
    b. Fire.
    c. Wilful acts or negligence by the Buyer or any person other than the Company.
    d. The result of the forces of nature which are beyond the control of the Company and for which with reasonable foresight and ability the Company could not foresee or provide against.
    Liability for consequential damage or loss is expressly excluded.
    Any drawings or details submitted with a quotation are for quotation purposes only and shall not form part of any contract.  In the event of an order being placed certified information will be supplied if requested in writing.
    Except in regard to goods or materials to be erected or installed by the Company delivery unless otherwise stated will be ex factory. Where arrangements are made for goods to be delivered whether by the Company’s transport or others a delivery note is to be signed by the Buyer.  Failure to sign a delivery note when a delivery is taken will be deemed to be acceptance in good condition of the goods supplied.  In the event of damage or loss incurred during delivery the Buyer must notify the Company forthwith and register a claim with the carrier concerned within 7 days.
    No responsibility will be accepted by the Company for liquidated damages for claims arising from late delivery or installation.
    a. Risk in any goods supplied by the Company to the Buyer shall pass when the goods are delivered to the Buyer or into the custody on the buyers behalf, but ownership of and the property in those goods is at all times and in all circumstances retained by the Company until payment in full is made for them.  If those goods supplied are merged with thje property of another or are sold then the right to trace the merged goods and the proceeds of sale of the goods supplied or the merged goods are vested in and are the exclusive property of the Company.
    b. If payment for any goods supplied is overdue or the Buyer becomes insolvent or a liquidator or receiver for the Buyer is appointed or any other event occurs which indicates to the Company the Buyer is under financial difficulties then the Buyer hereby authorises the Company by its servants and agents to go onto the premises of the Buyer or premises of which the Buyer is in lawful occupation at any time or times to recover any goods supplied or merged goods and for which payment has not been made.
  14. PAYMENT:
    a. Unless otherwise agreed in writing accounts for goods or services supplied must be met in full within 7 days following the invoice date. If payment is not made the Company reserves the right to charge interest at the rate of two percent (2%) per month from the date payment was due to the date of payment but liability for payment of interest or the Company’s acceptance thereof shall not prejudice the Company’s legal rights and remedies for the recovery of the full amount for the goods and services charged. The charging of default interest shall in no way imply the granting or an extension of credit by the Company to the Buyer
    b. The Buyer shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay.
    a. The Buyer grants to the Company a security interest in all present and after acquired goods and their proceeds
    b. To the extent permitted by law, the Buyer and the Company contract out of:
    i. Section 114(1)(a) of the PPSA
    ii. The Buyer’s rights referred to in sections 107(2)(c).(d),(h); and (i) of the PPSA
    c. The Buyer waives its rights to receive a copy of any verification statement in respect of any financing statement relating to any security interest granted to the Company by the Buyer.
    d. The Buyer agrees to indemnify the Company, upon demand, for all costs and expenses (including legal fees) incurred by the Company:
    i. As a result of the occurrence of an Event of Default (including upon actual or attempted enforcement of any security interest granted to the Company by the Buyer); and
    ii. In complying with any demand made under section 162 of the PPSA.
    e. On request of the Company, the Buyer shall promptly do all things (including signing any delivery docket and/or invoice) and provide all information necessary to enable the Company to perfect and maintain the perfection of any security interest granted to the Company by the Buyer (including by registration of a financing statement).
    No retentions shall be made by the Buyer unless specifically agreed to by the Company in the quotation.
    Customers property supplied to the Company shall be wholly at the risk of the Buyer.  All care will be taken in using the material but no responsibility will be taken for damage to such material or liability against the Company except in New Zealand Courts.
    The contract shall be governed by the laws of New Zealand and no action or proceeding of any nature shall be initiated against the Company except in New Zealand Courts.
    Should any dispute or difference arise between the parties as to the construction of the contract or as to any matter or thing of whatsoever nature arising there-under or in connection therewith then such dispute or difference shall be referred to arbitration in accordance with the provisions of the Arbitration Act 1996 and it’s amendments or any similar Act for the time being in force.
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